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Scottish Court of Session Decisions >>
Margaret Fleming v James Gilles. [1663] Mor 8273 (18 June 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor2008273-035.html Cite as:
[1663] Mor 8273
What incumbent on the liferenter and fiar as to repairs of the subjects. - Liferent of Furniture. - Bnuos on bank stock.
Margaret Fleming v. James Gilles
Date: 18 June 1663 Case No. No 35.
The liferenter of an annualrent found liable in public burdens proportionally with the fiar.
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Margaret Fleming being infeft in an annualrent of 700 merks, out of houses in Edinburgh, in liferent, with absolute warrandice from all dangers, perils, and inconveniencies whatsomever, pursues declarator against the said James Gilles, as heritor, for declaring that her annualrent should be free of all public burden, since the rescinding of the act of Parliament 1646, whereby liferenters were ordained to bear proportional part of their annualrents with the heritors. The defender answered, The libel was not relevant, for albeit the act of Parliament was rescinded, the justice and equity thereof remained, that whatever burden were laid upon land, should lie proportionally upon every part thereof, and every profit forth of it.
Which defence the Lords found relevant and assoilzied.
